MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Public Property

By: Representatives Morgan, Coleman (65th), Lane, Pigott, Warren

House Bill 621

(COMMITTEE SUBSTITUTE)

AN ACT TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION, ACTING ON BEHALF OF THE DEPARTMENT OF HUMAN SERVICES TO CONVEY AND TRANSFER A CERTAIN PORTION OF STATE OWNED REAL PROPERTY LOCATED AT COLUMBIA TRAINING SCHOOL, IN COLUMBIA, MARION COUNTY, MISSISSIPPI, TO ANY STATE AGENCY, MUNICIPALITY, POLITICAL SUBDIVISION OF THIS STATE OR ANY NONPROFIT AGENCY SUBJECT TO CERTAIN CONDITIONS; TO AMEND SECTION 43-27-39, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ANY PORTION OF THE COLUMBIA TRAINING SCHOOL PROPERTY TO BE CONVEYED OR TRANSFERRED TO ANY STATE AGENCY, MUNICIPALITY, POLITICAL SUBDIVISION OF THIS STATE OR ANY NONPROFIT AGENCY; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  The Department of Finance and Administration, acting on behalf of the Mississippi Department of Human Services, is authorized to convey and transfer to any state agency, municipality, political subdivision of this state or any nonprofit agency, certain real property and any improvements thereon, located at Columbia Training School, in Columbia, Marion County, Mississippi, containing approximately 214 acres located within the City of Columbia at the North East corner of the intersection of Highway 44 and National Guard Road being more particularly described as follows: 

Commencing at the South West corner of Section 34, T4N, R18W, thence run N 00 37' 10.95" W for a distance of 973.09 feet; thence run N 89° 29' 39.93" E for a distance of 43.53 feet to a point being 50 feet East of the center line of Hwy. 44; also being the POINT of BEGINNING of said parcel, thence run N 89° 33' 52.61" E for a distance of 394.66 feet; thence run S 00° 00' E for a distance of 244.75 feet; thence run S 90° 00' E for a distance of 869.36 feet; thence run N 58° 56' 17.10" E for a distance of 636.66 feet; thence run N 45° 00' E for a distance of 1,776.45 feet; thence run N 00° 00' E for a distance of 510.0 feet; thence run N 90° 00' W for a distance of 493.36 feet; thence run N 00° 24' 31.67" E for a distance of 1,920.83 feet to a point on the South 50 foot right-of-way line of Hwy. 44; then follow the 50 foot right-of-way line of Hwy. 44 in a South-westerly direction.  From said point thence run S 83° 50' 0.64" W for a distance of 541.68 feet; thence run along a counter-clock-wise curve for an arc distance of 209.59 feet and having a radius of 1,450 feet and a chord bearing and distance of S 77° 03' 30.84" W for a distance of 209.41 feet; thence run S 72° 55' 03.62" W for a distance of 1,220.06 feet; thence run along a counter-clock-wise curve for an arc distance of 650.21 feet and having a radius of 520.0 feet and a chord bearing and distance of S 37° 05' 46.76" W for a distance of 608.67 feet; thence run S 01° 16' 26.9" W for a distance of 185.67 feet; then continue following the 50 foot right-of-way line of Hwy. 44 in a Southerly direction run S 00° 17' 16.91" E for a distance of 919.44 feet; thence run S 00° 30' 20.96" E for a distance of 1,673.63 feet back to the POINT of BEGINNING.

     (2)  If sold, the real property described in subsection (1) of this section shall not be sold for less than the current fair market value as determined by the averaging of at least two (2) appraisals by qualified appraisers, one (1) of which who shall be selected by the Department of Finance and Administration, and both of which shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board.

     (3)  Any state agency, municipality, political subdivision of this state or any nonprofit agency seeking to acquire possession of any portion of the real property described in subsection (1) of this section, shall, by resolution adopted by its local governing board, executive director or board of trustees, specify the intended purpose for which the acquired property is to be used, which such resolution shall be submitted to the Department of Finance and Administration.

     (4)  If at any time after the donation of the real property described in subsection (1) of this section the state agency, municipality, political subdivision of this state or any nonprofit agency to whom the real property was conveyed and transferred, ceases to use the real property for the purposes intended at the time of conveyance, the entity shall forfeit its rights, title and interest in the real property, and all of the rights, title and interest in the real property shall revert back to the State of Mississippi.

     (5)  The State of Mississippi shall retain all mineral rights to the real property donated under this section.

     (6)  If sold in accordance with the provisions of subsection (2) of this section, proceeds from the sale of the real property described in subsection (1) of this section shall be deposited into the General Fund and shall be expended for the use and benefit of the Department of Human Services.

     SECTION 2.  Section 43-27-39, Mississippi Code of 1972, is amended as follows:

     43-27-39.  (1)  The purpose of this section is to ensure that Mississippi's juvenile justice system is cost-efficient and effective at reducing juvenile crime and to create a continuum of options for Mississippi's youth court judges so that they are better equipped to protect our communities and to care for our children.

     (2)  The Columbia Training School shall no longer operate as a secure training school for juvenile delinquents.  All youth, both male and female, committed to the custody of the Department of Human Services and adjudicated to training school shall be housed at the Oakley Youth Development Center.  The Oakley Youth Development Center shall provide gender-specific treatment for youth who are adjudicated delinquent.

     (3)  Any portion of Columbia Training School property and facilities described in Section 1 of this act may be conveyed or transferred to any state agency, municipality, political subdivision of this state or any nonprofit agency.

     SECTION 3.  This act shall take effect and be in force from and after its passage.